Search results - Concurrences

23 Nov 2020 B

The Brussels Court of Appeal annuls Competition Authority’s decision rejecting a football club’s request for interim measures (Virton / RBFA)

Peter L’Ecluse, Valerie Lefever • November 2020

In a judgment delivered on 23 September 2020, the Markets Court of the Brussels Court of Appeal (Marktenhof / Cour des marchés) (the Markets Court) annulled the decision adopted on 29 June 2020 by the Competition College (Mededingingscollege / Collège de la concurrence) of the Belgian Competition (...)

20 Nov 2020 C

Anticompetitive object and effect: Does the recent EU case law bring clarity or fresh doubts?

Luca Prete, Xavier Boutin, Estelle Jegou

Webinar of the "Law & Economics" Series organised by Concurrences, in partnership with Positive Competition and White & Case, with Luca Prete (Référendaire, European Court of Justice), Xavier Boutin (Founding Partner, Positive Competition) and Estelle Jégou (Counsel, White & (...)

19 Nov 2020 B

The Belgian Competition Authority imposes interim measures requested by a football club following an appeal judgment (Virton / RBFA)

Peter L’Ecluse, Valerie Lefever • December 2020 - II

On 19 November 2020, the Competition College (Mededingingscollege / Collège de la concurrence) of the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence - the BCA) imposed interim measures on the Royal Belgian Football Association (the RBFA) at the (...)

18 Nov 2020 R

Burden of proof : The French Supreme Court issues a ruling concerning the application of an exclusive distribution contract (Tesmec / Eurofor)

Alain Ronzano • N° 4-2020

Among the decisions handed down by the Commercial Chamber of the Court of Cassation on 18 November 2020 is an interesting one decision concerning the application of an exclusive distribution contract. In the case in point, an Italian manufacturer of slicers had granted a French company (...)

13 Nov 2020 B

The UK Competition Appeal Tribunal supports the Competition Authority’s approach to estimating the merger effects on consumers but finds that it did not gather enough information about the impact of COVID-19 on the merger (JD Sports / Footasylum)

UK Competition Authority • November 2020

CMA considers next steps in JD Sports/Footasylum merger* The CMA is considering its next steps following today’s Competition Appeal Tribunal judgment in the JD Sports/Footasylum case. JD Sports had appealed the Competition and Market Authority’s (CMA) final decision to block its takeover of (...)

13 Nov 2020 B

The UK Competition Appeal Tribunal dismisses the Competition Authority’s decision and authorizes the acquisition of a company in the sports retailing sector in light of the COVID-19 pandemic (JD Sports / Footasylum)

Catherine Gordley • November 2020

On 13 November 2020, the UK Competition Appeal Tribunal (“CAT”) upheld an appeal brought by JD Sports against the Competition and Markets Authority’s (“CMA”) decision to prohibit its already completed acquisition of rival retailer Footasylum. On 6 May 2020, the CMA had blocked the merger between the (...)

13 Nov 2020 B

The UK Competition Appeal Tribunal upholds the appeal brought by a company for a merger in the sport retail sector in light of the COVID-19 pandemic (JD Sports / Footasylum)

Steven Vaz, Tom Punton • November 2020

On 13 November 2020, the UK Competition Appeal Tribunal ("CAT") published its judgment in relation to the merger of JD Sports and Footasylum. The merger was prohibited by the UK Competition and Markets Authority ("CMA") in May, but JD Sports appealed. The CAT partially upheld the appeal and the (...)

11 Nov 2020 B

The UK Court of Appeal clarifies the ability of parties that settle EU Commission antitrust investigations to challenge the Commission’s findings in follow-on damages actions (Trucks cartel)

Jonathan Kelly, Nicholas Levy, Paul Gilbert, Paul Stuart, Fay Davies • November 2020

The Court of Appeal has handed down an important judgment clarifying the ability of parties that settle European Commission (Commission) antitrust investigations to challenge the Commission’s findings in follow-on damages actions. The judgment concerns an appeal relating to a preliminary issue (...)

11 Nov 2020 B

The UK Court of Appeal dismisses an appeal relating to the evidential weight to be given to recitals to an EU Commission infringement decision issued under the settlement procedure (Trucks cartel)

Euan Burrows, Max Strasberg • November 2020

On 11 November 2020, the Court of Appeal emphatically dismissed an appeal brought by five truck manufacturers against a judgment of the Competition Appeal Tribunal ("CAT") handed down in March 2020 relating to the evidential weight to be given to recitals to a European Commission infringement (...)

1 Nov 2020 R

No need to bang on the table

Anthony M. Collins • N° 4-2020 • pp. 2-4

Two recent judgments delivered by the General Court of the EU show that where applicants challenge the facts underlying a Commission decision in the field of competition law, the Commission is required to prove those facts on pain of the annulment of that decision. In that context the General (...)

1 Nov 2020 R

Croatia: Topical issues in the current competition law

Siniša Petrović, Marijana Liszt, Petra Kontić • N° 4-2020 • pp. 258-263

This paper discusses current developments in competition law in Croatia by reviewing some of the most relevant issues in these unprecedented times. One of them concerns the recent decisions of the Croatian Constitutional Court by which several judgments of the Administrative Court were quashed. (...)

29 Oct 2020 B

The EU Court of Justice Advocate General Tanchev thinks the Court should dismiss the appeal of the Commission against the judgment of the General Court on support measures adopted by an Italian consortium of banks for the benefit of one of its members (Banca Popolare di Bari / Fondo interbancario di tutela dei depositi / Banca d’Italia)

European Court of Justice • October 2020

According to Advocate General Tanchev, the Court should dismiss the appeal of the Commission against the judgment of the General Court on support measures adopted by an Italian consortium of banks for the benefit of one of its members* The General Court was right in considering that those (...)

15 Oct 2020 B

The German Federal Court of Justice rules on burden of proof for showing exhaustion of trade mark right (Amazon / Costy)

Katharina Bongs • October 2020

On 15 October 2020, the German Federal Court of Justice (“FCJ”) issued a judgment on the burden of proof for showing the exhaustion of trademark rights in a case pitting Coty against Amazon. After having made a test purchase from Amazon of two bottles of a perfume bearing the “JOOP!” trademark on (...)

5 Oct 2020 B

The EU General Court annuls in part the Commission’s inspection decisions following suspicions of anticompetitive practices by several French undertakings in the distribution sector (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)

General Court of the European Union • October 2020

The General Court annuls in part the Commission’s inspection decisions following suspicions of anticompetitive practices by a number of French undertakings in the distribution sector* The Commission has failed to show that it had sufficiently strong evidence to suspect exchanges of information (...)

5 Oct 2020 B

The EU General Court partially annuls the decisions of the Commission to order dawn raids of a number of French retailers (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)

Peter Citron • October 2020

Partial annulment of European Commission decisions to order dawn raid inspections* On 5 October 2020, the General Court of the European Union (GC) partially annulled decisions of the European Commission (EC) to order on-the-spot inspections (dawn raids) of a number of French retailers.. The (...)

5 Oct 2020 B

The EU General Court partially annuls Commission’s decision authorizing unannounced dawn raids to be carried out at the headquarters of two French food retail chains (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)

Mélanie Thill-Tayara, Laure Arnaud, Marion Provost • October 2020

In three recent judgments issued on 5 October 2020, the General Court of the European Union ("GCEU") partially annulled the European Commission’s ("Commission") decisions of February 2017 which had authorized onsite unannounced inspections ("dawn raid”) to be carried out at the headquarters of (...)

5 Oct 2020 B

The EU General Court partially annuls the Commission decision ordering inspections at French food retail chains headquarters (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)

Michaël Cousin • October 2020

On 5 October 2020, the EU General Court ("GC") partially annulled European Commission ("Commission") decisions ordering inspections at ITM and Casino’s premises in 2017 following suspicions of illegal anticompetitive exchanges of competitively sensitive information. WHAT YOU NEED TO KNOW - KEY (...)

5 Oct 2020 B

The EU General Court partially annuls decisions ordering dawn raids at the headquarters of two French food retail chains (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)

Johan Ysewyn, Philip Olszewski • October 2020

In three related judgments of October 5, 2020 (T-249/17, T-254/17 and T-255/17) the General Court (the “GC”) partially annulled European Commission inspection decisions which were the basis for dawn raids on several French retailers. The judgments further develop the position adopted in Czech (...)

5 Oct 2020 B

The EU General Court partially annuls the Commission inspection decisions ordering several French undertakings active in the distribution sector to submit to dawn-raid inspections (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)

Lucia Antonazzi, Federico Marini Balestra • December 2020 - II

In October 2020, the General Court of the European Union (GC) issued an important decision in the joined Casino cases which promises to ensure that competition investigations will be more robust and afford greater protection to companies‘ rights. Both the European Commission (EC) and companies (...)

23 Sep 2020 C

Global Antitrust Hot Topics #1 Mergers: A Definitive Need for Reform?

Hanna Anttilainen, Peter Davis, Catriona Hatton, Stephen Weissman, Adam Shulman

1st Webinar of the « 8th Global Antitrust Hot Topics Conference » organised by Concurrences, in partnership with Baker Botts and Cornerstone Research, with Hanna Anttilainen (Head of Unit - Mergers, DG COMP), Peter Davis (Senior Vice President, Cornerstone Research), Catriona Hatton (Partner, (...)

17 Sep 2020 C

The future of EU and UK merger control enforcement

Tom Smith, Frederic Depoortere, Guillaume Loriot, Lorenzo Coppi, Giorgio Motta

Webinar of the "Law & Economics" Series organised by Concurrences, in partnership with Compass Lexecon and Skadden, with Guillaume Loriot (Director - Markets and cases II: Information, Communication and Media, DG COMP), Tom Smith (Legal Director, Competition and Markets Authority), Lorenzo (...)

3 Sep 2020 B

Due process in European law: a post-judicial view

Ian Forrester, Nicholas Forwood • Due Process Research Program

We each began professional life as advocates, zealous in our support of the causes upon which we were engaged. Each of us had the huge good fortune to work on big cases with good teachers, giants of the bar, and then the even huger fortune to work in professional maturity with skilled (...)

27 Aug 2020 B

Class actions & competition law: an overview of EU and national case law

Michael D. Hausfeld, Anthony Maton, David R. Wingfield • Class actions

In response to the growing global integration of economies and commerce, and the necessary desire for predictability and certainty in international laws governing rules of business conduct, legislatures, parliaments and courts have developed procedural devices to provide access to justice in (...)

11 Aug 2020 B

The US Court of Appeals for the Ninth Circuit strikes down sweeping injunction against semiconductor company and reins in expansive interpretation of Sherman Act (Qualcomm)

Matthew Martino, Tara L. Reinhart, Steven C. Sunshine, Julia K. York • August 2020

On August 11, 2020, the U.S. Court of Appeals for the Ninth Circuit decisively reversed the Federal Trade Commission’s (FTC or Commission) controversial district court win challenging Qualcomm’s licensing practices. In rejecting every aspect of the lower court’s decision, the Ninth Circuit panel (...)

11 Aug 2020 B

The US Court of Appeals for the Ninth Circuit overturns a ruling finding that a semiconductor company’s licensing practice abused dominant position (Qualcomm)

Logan M. Breed, Edith Ramirez, Suparna Reddy, Labeat Rrahmani • August 2020

On 11 August 2020, a panel of the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”), in a unanimous opinion by Judge Callahan, reversed the U.S. Federal Trade Commission’s (“FTC’s”) win in the district court against Qualcomm Inc. (“Qualcomm”) and upheld Qualcomm’s licensing practices, (...)

30 Jul 2020 B

Cartels in the utility sectors: An overview of EU and national case law

Peter Alexiadis • Utilities & Cartels

Events over the past few years in liberalised utility sectors have brought into sharp focus the relative importance of the public sector either as the unwitting facilitator of collusive practices or as the party harmed most directly by such practices because it accounts for a significant (...)

22 Jul 2020 R

Confidential information: The European Commission publishes a Notice to national courts to deal with the disclosure of confidential information in private enforcement of competition law

Alexandre Lacresse • N° 4-2020 • p. 200

As a follow-up to Directive 2014/104 on damages actions for anti-competitive practices, the European Commission adopted a Notice on the protection of confidential information by national courts in proceedings for the private enforcement of EU competition law. Preceded by a public consultation, (...)

20 Jul 2020 B

The Italian Supreme Administrative Court refers to the EU Court of Justice questions concerning the interpretation and application of Art. 102 TFEU following an abuse of dominance in the electricity market (Enel)

Federico Marini Balestra, Lucia Antonazzi • July 2020

On 20 July, the Italian Supreme Administrative Court (Consiglio di Stato, CDS) referred to the Court of Justice (CJ) several questions concerning the interpretation and application of Article 102 TFEU. In the context of the dispute following the Italian Competition Authority’s decision to (...)

15 Jul 2020 B

The EU General Court annuls the Commission’s decision regarding the Irish tax rulings in favour of a Big Tech firm (Apple)

General Court of the European Union • July 2020

The General Court of the European Union annuls the decision taken by the Commission regarding the Irish tax rulings in favour of Apple* The General Court annuls the contested decision because the Commission did not succeed in showing to the requisite legal standard that there was an advantage (...)

15 Jul 2020 B

The EU General Court strikes down the Commission’s decision ordering Ireland to recover €13 billion from a big tech company for illegal State aid (Apple)

Richard Sultman, Sean Mernagh, François-Charles Laprévote • July 2020

On July 15, 2020, the European Union’s second- highest court, the General Court (the “Court”), annulled the 2016 decision of the European Commission (the “Commission”) ordering Ireland to recover €13 billion (€14.3 billion with interest) in back-taxes from Apple which the Commission considered to be (...)

15 Jul 2020 B

The EU General Court annuls the Commission’s decision concerning the tax rulings in favor of a Big Tech company (Apple)

Markus Wellinger, Francesco Pili • July 2020

On 15 July 2020, the General Court (the “GC”) annulled the European Commission’s (the “Commission”) decision of 30 August 2016 concerning tax rulings adopted by the Irish authorities in relation to two companies forming part of the Apple Group (the “Contested Decision”). The Contested Decision found (...)

15 Jul 2020 R

Tax ruling: The General Court of the European Union annuls a decision of the European Commission on Irish tax rulings for lack of evidence of an advantage (Apple)

Jacques Derenne, Caterina Romagnuolo • N° 4-2020 • pp. 184-189

Continuation of the saga of tax ruling / tax rescripts and state aid cases. After the annulment of the ’excess profits’ decision (Belgium - judgment under appeal and annulled decision in the process of being overturned) and the ’Starbucks’ decision (Netherlands - no overhaul in sight), it is now (...)

9 Jul 2020 R

Spain: The Audiencia Nacional annuls the fine imposed by the Spanish competition authority on a car dealer because the decision did not contain sufficient evidence on the participation and liability of the undertaking, thus making judicial review difficult (Chevrolet dealerships)

Paloma Martínez-Lage Sobredo • N° 4-2020 • pp. 250-251

In 2016, the Spanish competition authority (CNMC) fined seven Chevrolet car dealers and a consultancy firm for exchanging commercially sensitive information and fixing prices between January 2011 and January 2012 (Decision of the CNMC of 28 April 2016, case S/DC/0505/14 Concesionarios (...)

8 Jul 2020 B

The Indian Competition Authority reaffirms that prescribing eligibility criteria in tenders is not anticompetitive (Sandeep Mishra / National Highways Authority of India)

Pallavi Shroff, John Handoll, Naval Satarawala Chopra, Shweta Shroff Chopra, Harman Singh Sandhu, Manika Brar, Aparna Mehra, Gauri Chhabra, Yaman Verma, Rohan Arora • July 2020

In dismissing a complaint at prima facie stage against the National Highways Authority of India (NHAI), [1] the CCI reaffirmed that the prescription of eligibility criteria by a procurer/buyer of a product or service will not, unless demonstrably unfair or discriminatory, be regarded as (...)

8 Jul 2020 R

Dawn raids: The Paris Court of Appeal annuls the dawn raids operations carried out in 2014 at a manufacturer’s of household appliances premises after a referral from the French Supreme Court (Whirlpool)

Christophe Lemaire, Hélène Fricaudet • N° 4-2020

In a judgment dated July 8, 2020, the Paris Court of Appeal ["the Court of Appeal"] cancelled the visits and seizures carried out by the Competition Authority ["the Authority"] at Whirlpool ’s premises in 2014. On 27 and 28 May 2014, the Authority had conducted a search of the premises of (...)

1 Jul 2020 C

The General Court’s CK Telecoms ruling: Is Three the New Magic Number? Towards a re-assessment of unilateral effects in merger review

Mark D. Powell, Nicholas Forwood, Katarzyna Czapracka, Thilo Klein

Webinar of the "Law & Economics" Series organised by Concurrences, in partnership with White & Case and Compass Lexecon, with Sir Nicholas Forwood QC (Counsel, White & Case - Former Judge, Court of Justice of the European Union, General Court), Katarzyna Czapracka (Partner, White (...)

19 Jun 2020 C

Private Enforcement #3 Assessment of damages, passing on…

Dominique Gilles, Gildas de Muizon, Nathalie Dostert, Mélanie Thill-Tayara, Anne-Sophie Choné-Grimaldi

3rd Webinar of the « 5th Private Enforcement Conference » organised by Concurrences, in partnership with Dechert and Deloitte, with Anne-Sophie Choné (Professor, University Paris Nanterre), Dominique Gilles (Counsellor, Paris Court of Appeal), Gildas de Muizon (Partner, Head of the Economic (...)

17 Jun 2020 B

The UK Supreme Court finds payment card schemes used in supermarkets infringing competition law (Sainsbury’s / Visa & MasterCard)

Frances M. Murphy, Joanna Christoforou, Emma Walsh • June 2020

On June 17, 2020, the UK Supreme Court handed down its judgment in the appeals on the lawfulness of multilateral interchange fees, or swipe fees, (MIFs) in Sainsbury’s Supermarkets Ltd (Respondent) v. Visa Europe Services LLC and Others (Appellants) and Sainsbury’s Supermarkets Ltd and Others (...)

17 Jun 2020 B

The UK Supreme Court dismisses an appeal concerning the two largest payment processing networks on the basis that their multilateral interchange fees restricted competition (Sainsbury’s / Visa & MasterCard)

Richard Burton • June 2020

On 17 June 2020, the UK Supreme Court dismissed Mastercard and Visa’s appeal against a 2018 ruling by the Court of Appeal of England and Wales and ruled that their multilateral interchange fees (“MIFs”) unlawfully restricted competition. The Supreme Court’s ruling potentially exposes Mastercard and (...)

17 Jun 2020 B

The UK Supreme Court dismisses the two largest payment processing networks arguments on the basis that their multilateral interchange fees restricted competition but upholds grounds of appeal concerning the application of the “passing on” defence (Sainsbury’s / Visa / MasterCard)

Paul Gilbert, Henry Mostyn, Romi Lepetska, Richard Pepper • June 2020

On 17 June 2020, the Supreme Court handed down a much anticipated judgment concerning the default multilateral interchange fees (MIFs) set by Mastercard and Visa (together, the Appellants). The case considered appeals relating to three separate damages actions brought by retailers against the (...)

17 Jun 2020 B

The UK Supreme Court finds payment card schemes used in supermarkets infringing competition law (Visa / Mastercard)

Luke Grimes, Nicola Boyle • June 2020

The UK Supreme Court recently handed down its eagerly anticipated Judgment in respect of unlawful interchange fee claims against MasterCard and VISA, following almost a decade of litigation. The Judgment provides welcome clarity to merchant retailers as to the unlawfulness of MasterCard’s and (...)

10 Jun 2020 R

Sudden termination: The French Supreme Court reiterates that the termination of a commercial relationship without prior notice requires the establishment of a sufficiently serious breach of contract (SETNAG / Tecora)

Valérie Durand • N° 4-2020 • p. 157

If the former article L. 442-6, I, 5° C. com. - applicable to the case - provided for the possibility of termination without notice, this possibility remained subject to the occurrence of special circumstances. These circumstances included force majeure and breach of contract. In order to (...)

9 Jun 2020 R

Spain: The Commercial Court of Madrid grants damages amounting to €2.6 million in application of the “umbrella effect” doctrine (Realia)

Paloma Martínez-Lage Sobredo • N° 3-2020 • pp. 191-192

The Commercial Court of Madrid has granted damages amounting to €2.6 million in a follow-on action based on the decennial reinsurance cartel. Although the claimant was not a customer of the reinsurance companies part of the cartel, the Commercial Court condemned the cartelists to pay damages in (...)

5 Jun 2020 B

The Irish Competition Authority concludes examination of beef industry complaints without going into full investigation due to lack of evidence to prove complainants’ claims

Irish Competition Authority • June 2020

CCPC Concludes Examination of Beef Industry Complaints* The Competition and Consumer Protection Commission (CCPC) has today written to over 200 individuals, including the Independent Farmers of Ireland, the Beef Plan Movement, and the Irish Farmers Association, regarding the outcome of an (...)

28 May 2020 B

The EU General Court annuls the Commission’s decision to block the proposed merger in the UK sector of the mobile telephony market (Telefónica UK / Hutchison 3G UK)

General Court of the European Union • May 2020

The General Court annuls the Commission’s decision to block the proposed acquisition of Telefónica UK by Hutchison 3G UK in the sector of the mobile telephony market* On 11 May 2016, [1] the Commission adopted a decision in which it blocked, under the Merger Regulation, [2] the proposed (...)

28 May 2020 B

The EU General Court annuls the Commission’s decision prohibiting an oligopolistic merger between two mobile network operators in the telecommunication sector on the basis that it did not result in the creation or strengthening of a dominant position (Hutchison / Telefónica UK)

Veronica Roberts, Kyriakos Fountoukakos, Kristien Geeurickx, Christon Shenolikar • May 2020

On 28 May 2020 the General Court handed down its ruling in CK Telecoms UK Investment Ltd v European Commission (Case T-399/16) in which it annulled the EU Commission’s decision which prohibited the proposed acquisition by CK Hutchison Holdings Ltd (Hutchison) of Telefónica Europe plc (O2). The (...)

28 May 2020 B

The EU General Court annuls the Commission’s prohibition of a merger between two of UK’s four mobile network operators after finding errors in the analysis of alleged anticompetitive effects whilst conducting its acquisition review (Telefónica UK / Hutchison 3G UK)

Matthew Levitt, David Cardwell • May 2020

Firm Thought Leadership In what is destined to rank as one of the most significant judicial knockbacks of the European Commission (“Commission”) in the area of merger control for many years, the EU’s General Court (“Court”) has annulled the decision by the Commission in 2016 to prohibit the merger (...)

28 May 2020 B

The EU General Court annuls the Commission’s decision prohibiting a proposed acquisition between two telecom operators with potentially significant implications for the EU merger control policy (Telefónica UK / Hutchison 3G UK)

Martin Favart • May 2020

1. SUMMARY On 28 May 2020, the EU’s General Court handed down a ruling annulling the European Commission’s decision prohibiting the proposed acquisition of Telefónica UK (“O2”) by Hutchison 3G UK (“Three”). The ruling has potentially significant implications for mergers in the telecoms sector, as (...)

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